This is an archive article published on December 1, 2023
Patna HC asks Bihar govt to file reply on PIL against quota hike
The PIL was filed by Gaurav Kumar, a lawyer practising at the Patna High Court. He challenged the constitutional validity of 65 per cent reservation in government jobs as notified by the Bihar government.
The Patna High Court on Friday admitted a Public Interest Litigation (PIL) petition challenging the Bihar government’s recent decision to hike reservations in the state from 50 per cent to 65 per cent. The court asked the state government to file a reply to the PIL, but refused to issue an interim stay on the decision.
The PIL was filed by Gaurav Kumar, a lawyer practising at the Patna High Court. He challenged the constitutional validity of 65 per cent reservation in government jobs as notified by the Bihar government. The petitioner also argued that the state government’s order went against the principle of right to equality and also against previous Supreme Court orders.
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The Bihar government raised the cap on reservation from 50 to 65 per cent during the recent winter session of the Assembly after the results of the caste-based survey in the state showed that more than 83 per cent of the population were not part of the ‘general’ category. Extremely Backward Classes (EBCs) alone account for over 36 per cent of the population.
The court will hear the matter on January 12.
Bihar finance minister and senior JD (U) leader Vijay Kumar Choudhary said: “The government’s decision to raise the quota is very much constitutional. We can see the BJP’s hand in the filing of the PIL, as even before we had taken the decision to hike the quota cap, a senior BJP leader had said that it would be challenged in court.”
The court will hear the matter on January 12.
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